PDA

View Full Version : H1B transfer in process and previous employer calling back to India


pleasehelpme
08-06-2013, 05:17 PM
hi
I am in a big mess right now and really need some good advice. I am working in US on H1 for the last 3 months (sent by one of the major Indian companies that make sure you suffer if you resign in US). I have an offer from a reasonable sized US company (not a desi consultant) and my H1 transfer has been initiated. However my problem is that as soon as I resigned my manager told me to come back to India immediately and submit my resignsation in India.

1) Now my problem is if I go back to India WHILE my H1 transfer is in progress will my H1 transfer be jeopardized?
2) Assuming I can keep my employer from calling me to India WHILE H1 transfer is going on. My H1 transfer is in premium processing so hopefully I should get it done in 2 weeks. Can I safely go back to India AFTER the H1 transfer is done but before joining the new employer?
3) When I get my H1 transfered will USCIS issue a new I94 (my old I94 is valid till 30 Sept 2015)? Will this new I94 be issued along with my new I797? Or will I get a new I94 when I come back to the US from India (assuming I go back to India once I get my H1 transfered but before joining the new employer)?
4) How many days or months from the LCA start date can I join the new employer? If I go back to India does the employer need to do something extra or can I just go to India, come back and start working for them as if I never left US?
5) One last question - My H1 Visa has my previous company's name written on it but it is valid till 30 Sept 2015. Can I use the same visa and the approved H1 petition from new employer to gain entry in US or do I need to get a new H1 visa stamped when I re-enter US to work for the new employer?


One out of context question for my general awareness - Can I leave and enter into US with free will if I have a valid H1 I94 and continue employment with the same employer or do I need to get a new I94 everytime I leave the US and want to enter back?

Thanks
Nupur

imh1b
08-06-2013, 06:17 PM
Since you have already left your employer, why are you obeying them? They may somehow try and keep you. You may even be threatened by some legal damages in India for the loss suffered to them. You know how it is in India with legal system. USA is not their country and this is a country of strict laws. Employment is 'at will'. You can leave them any day without notice and they can leave you without notice in this country and there is no threatening possible here. If you are in US you can start with new employer the same day your transfer receipt number is received. So no worries. I advice you not to go back for india. Start your job, get settled and then go . When you go take new paperwork and get stamping. It is easy that way.

virat
08-06-2013, 07:38 PM
I would agree with imh1b, dont go to India now. Send a formal resignation letter by email to your manager and HR and may be by certified mail to the HR, and keep the proof of sending the papers. Join the new company and finish the other resignation formalities with your Indian company when you travel to India next. (FYI, I was in similar situation in early 2001 and I finished my formalities in mid 2003).

>> 3) When I get my H1 transfered will USCIS issue a new I94 (my old I94 is valid till 30 Sept 2015)? Will this new I94 be issued along with my new I797? Or will I get a new I94 when I come back to the US from India (assuming I go back to India once I get my H1 transfered but before joining the new employer)?

During xfer, you will have same I94 number as the one you were last admitted with so no worries here. However you can travel during your H1 xfer with your current I94 and it will not impact your H1 xfer process.

>> 5) One last question - My H1 Visa has my previous company's name written on it but it is valid till 30 Sept 2015. Can I use the same visa and the approved H1 petition from new employer to gain entry in US or do I need to get a new H1 visa stamped when I re-enter US to work for the new employer?

If you travel out of US, you can enter using unexpired visa of same class (H1 in your case) as long as you have new h1 approval papers (797) with you. In short you don't need another H1 visa stamping till Sept 2015.

katta
08-07-2013, 12:31 AM
@imh1b and @ virat well said.
Don't go to India and your Indian employer can't do anything. Don't listen to them even if they threaten to file a case against you in India. Basically show the middle finger to your desi company manager :)
You can start with new employer as soon as you get the h1b filing receipt. You will get new I94 but with h1b approval but it will have the same number.
You don't need new h1b visa because it is valid till 30Sept2015. I have entered on my old h1b valid visa while working for new employer.

chakdepatte
08-07-2013, 09:42 AM
Totally agree to all the posts above to ignore your previous manager and that you can work for your new employer once you have your H1 reciept in hand.

This is standard playbook cos your manager is also under the scrutiny for not keeping an eye on you. Her paycheck will also take a hit since he could not retain you.

However, be ethical and polite with your former company HR and explain them the professional way. Keep you paystubs and any recent employment verification letter handy. Just in case you apply for your GC or any RFEs, these will come handy.

I went thru the same, played playbook with playbook, kept my documents and showed USCIS the same during RFEs. also used colleagues letter for GC process.

Don't panic.

100mya
08-07-2013, 10:20 AM
I completely agree with all the above replies.

There is no need to go to India and resign. Its a game they play to extract money out of you if possible and also give you a very hard time.


Sharing my experience if that helps:

I was in the same situation and when I resigned they told me to go india which i declined and gave them a 15 day notice here in US. They threatened to file a law suite here in US as I had signed a bond in India (Like everyone does when any Indian company files for H1b in India). I did run in through my future employers attorney and he just laughed looked at the documents that I signed and told me there is no need to panic and they would take care of any legal issues that arise (If at all any). Once i quit they sent me a letter on the companies paper head that they would go to my guarantee in India who signed the bond with me and collect damages and also mentioned that I am supposed to join the existing client directly or indirectly for 12 months (which i was not doing anyways). Thats it no more letters or anything. But they did hold my last paycheck, vacation pay in US, vacation pay in india etc. I waited for 90 days and contacted HR. HR personnal mentioned that its routine for them to do that as they are waiting for clearance for my X client if I returned laptop, phone, books taken from library etc. In another 30 days I got all the dues from the company and I also got a relieving letter from them. So do not worry and no need to go to India unless you want to visit for some other reason.

I did a mistake unknowingly which others have mentioned when I went to India on a vacation even though my existing stamped H1b was valid for another 2 yrs I got my new approved H1b stamped. There was no problem in that but when I went to the consulate the officer mentioned that its not needed and i could have just shown the latest approved petition at the port of entry. But he stamped it anyways as I had paid the fees. Total waste of my time for not exploring. So you can travel to India with your existing stamped H1b till its validity as long as you have your current approved petition in hand. If your current approved h1b petitions end date is more that your stamped visa you would get a i-94 that is as per your current approved petition.

All the best and pls do post in future with your experience....

imh1b
08-07-2013, 10:36 AM
2 things to remember.

Bond signed in India has no value in US court of law. And they will not do any lawsuit against you in India. if they do it, you can complain to department of Labor in USA and they will make the company's life miserable for any future visas they will apply. It will be a huge financial loss to the company while you will be fully protected as a whistle blower.

Why do you guys even give 15 day notice. There is absolutely no rule in US that you have to give 15 day notice. All employment is 'at will'. You can simply walk out one fine day and say I quit. Employer can also do the same with you. Stop following the feudal mentality you have brought from India to obey your masters. This is not your third world lawless country run by goons and blackmailers. This is a country of laws and laws are strict. Laws will protect you if you respect them.

kiran_pathuri
08-07-2013, 10:58 AM
2 things to remember.

Why do you guys even give 15 day notice. There is absolutely no rule in US that you have to give 15 day notice. All employment is 'at will'. You can simply walk out one fine day and say I quit. Employer can also do the same with you. Stop following the feudal mentality you have brought from India to obey your masters. This is not your third world lawless country run by goons and blackmailers. This is a country of laws and laws are strict. Laws will protect you if you respect them.

15 day notice or 1 week notice that many people give is for the sake of courtesy. There is something called knowledge transfer and any company will appreciate it. Also my last company has a policy that they only pay for unused vacation if a notice of atleast 1 week is given. This is a US public listed company and that policy is legally valid.

100mya
08-07-2013, 11:20 AM
Well said Kiran!!! Some people just dont understand and think they are doing the right thing always... The kind of responses/comments they post clearly tells a lot of them....

imh1b
08-07-2013, 11:37 AM
15 day notice or 1 week notice that many people give is for the sake of courtesy. There is something called knowledge transfer and any company will appreciate it. Also my last company has a policy that they only pay for unused vacation if a notice of atleast 1 week is given. This is a US public listed company and that policy is legally valid.

If it was a US company, anyone can go and challenge it in court. It is wrong. The problem is with immigrants who carry this feudal mindset even after coming in USA.

What kind of courtesy are you talking about? I would be courteous with an employer who values me and has taken care of me. Here we are talking about an employer whose motive is suck the immigrant and thinking of threatening him. This is a feudal mentality from India. People can stand up here and oppose if they are exploited or taken for a ride.

imh1b
08-07-2013, 11:39 AM
Well said Kiran!!! Some people just dont understand and think they are doing the right thing always... The kind of responses/comments they post clearly tells a lot of them....

Yes. we not only think, we are confident. We stand up for ourselves and others. This is Immigration voice and I am proud to be its member. Think like a strong person and not like a peasant and you will do well in this country.

kiran_pathuri
08-07-2013, 11:52 AM
If it was a US company, anyone can go and challenge it in court. It is wrong. The problem is with immigrants who carry this feudal mindset even after coming in USA.

What kind of courtesy are you talking about? I would be courteous with an employer who values me and has taken care of me. Here we are talking about an employer whose motive is suck the immigrant and thinking of threatening him. This is a feudal mentality from India. People can stand up here and oppose if they are exploited or taken for a ride.

Do you know it is wrong? Can you provide me any references. When it comes to payout for remaining vacation, it is upto the company to decide. Some companies have a policy of not paying for any remaining vacation. Before the recession, every company used to pay for all your unused vacation when you leave. Then as part of cost cutting, many companies started paying out only for 2 weeks. This is completely legal. If you don't know this fact, please do some research before posting garbage.

Did I mention anywhere in my post that my previous employer has not treated me with courtesy. Stop over using the words immigration mentality etc.

virat
08-07-2013, 02:20 PM
Yes. we not only think, we are confident. We stand up for ourselves and others. This is Immigration voice and I am proud to be its member. Think like a strong person and not like a peasant and you will do well in this country.

imh1b,
there is something called legal position and something called professional courtesy. Legally, you can leave any day or the company can ask you to leave any day (at will), however if you are resigning, its a professional courtesy to handover things properly. If you have certain domain expertise, you will find that the world is very small with that expertise, and people know each other and and even ask for feedback. Now it is a different thing if you are really pissed off with your employer, you can always take the legally allowed option which is to leave immediately. Although one tries to leave in good terms if possible as you will never know who may need whom in future.

About IV, this works in the legal framework but doing social work, and I am proud of things it is doing for the immigrant community. However legally it is not bound to do any of these, nor the volunteers are bound to help IV or donate to IV, but still people do. Why?

Anyway, this is what i believe "be courteous, but don't get exploited"

virat
08-07-2013, 02:26 PM
Then as part of cost cutting, many companies started paying out only for 2 weeks. This is completely legal.
The rules are different in different states. CA mandates payout for unused vacation, however max accumulated vacation days can be controlled by company.
Due to this few companies are even removing the yearly allotted vacation days and making is unlimited vacation based on manager's discretion (vmware recently did it).

My 2 cents :)

vegasbaby
08-07-2013, 06:15 PM
hi
I am in a big mess right now and really need some good advice. I am working in US on H1 for the last 3 months (sent by one of the major Indian companies that make sure you suffer if you resign in US). I have an offer from a reasonable sized US company (not a desi consultant) and my H1 transfer has been initiated. However my problem is that as soon as I resigned my manager told me to come back to India immediately and submit my resignsation in India.

1) Now my problem is if I go back to India WHILE my H1 transfer is in progress will my H1 transfer be jeopardized? - Yes because based on your current I-94, your US Company must have filed an adjustment of status for you. You leave US, your I-94 is done with and now you will have to change your case from AOS to Consular Processing which means you get it stamped in India. Same H-1B but without I-94.

2) Assuming I can keep my employer from calling me to India WHILE H1 transfer is going on. My H1 transfer is in premium processing so hopefully I should get it done in 2 weeks. Can I safely go back to India AFTER the H1 transfer is done but before joining the new employer?
- Yes. Should be no issues here as long as you carry all the documents and stamp it if your visa on your passport has expired. Else you need not even stamp it and just show the new approval to the POE officer and hopefully, he should issue you an I-94 till end of your new H-1B date



3) When I get my H1 transfered will USCIS issue a new I94 (my old I94 is valid till 30 Sept 2015)? Will this new I94 be issued along with my new I797? Or will I get a new I94 when I come back to the US from India (assuming I go back to India once I get my H1 transfered but before joining the new employer)? - Yes. If you wait for your H-1B to be adjudicated, you should get a new I-94. Whenever, you leave US to go to India, you need to submit your I-94 (one on your passport & the one that will come with your new H-1B). Now, I hear USCIS has stopped issuing paper I-94, so really don't know how it works now since this is a new rule.


4) How many days or months from the LCA start date can I join the new employer? If I go back to India does the employer need to do something extra or can I just go to India, come back and start working for them as if I never left US? - You'll need to stamp your new H-1B if the earlier one has expired obviously. If its still valid, you are good to go.



5) One last question - My H1 Visa has my previous company's name written on it but it is valid till 30 Sept 2015. Can I use the same visa and the approved H1 petition from new employer to gain entry in US or do I need to get a new H1 visa stamped when I re-enter US to work for the new employer? - You need not stamp it however, the POE officer may ask you as to why you didn't stamp it. Give him truthful answers.


One out of context question for my general awareness - Can I leave and enter into US with free will if I have a valid H1 I94 and continue employment with the same employer or do I need to get a new I94 everytime I leave the US and want to enter back? - You can leave US and go to countries such as Mexico, Canada may be Bahamas and you need not submit your I-94. But if you are going to India, yes, you need to submit your I-94 every time and get a new one each time.

Thanks
Nupur

My final question to you is - Why do you need to go to India to resign? If you resign from US, most of the Indian companies don't give you experience letters etc..I was in your shoes some yrs back. I went back to India, worked for them for 8 months, resigned and came back to US thru some other company. The experience letter which my Indian company gave me was as good as garbage because for your GreenCard processing etc, you need a more detailed letter and most of the Indian companies don't give that. So the work around for that is peer affidavits.
Btw, I got green card 2 days back after 12 yrs in the US. However, a friend of mine, who I got over from the same Indian company that we both worked for, who resigned from US, who didn't have a single experience letter from our Indian company, who has exact same education and experience as me and who filed for GC 6 months after me, got green card in 2008..





Hope this helps!!

abcd
11-18-2013, 07:54 PM
I am also having same kind of situation and what we have to do for the amount of the contract that we signed (around 5+2 Lacs) before leaving India. Also my employer is asking is there any contract u have sign to your current employer. What should i say to my new employer.

Also suggest, Can i give just 2-3 days notice after getting my H1B transfer or more.


There is also written in one of my SOW (Total period of that assignment in this SOW is 3 months) that customer can not hire the employee for next 1 year. What should i do for that. Although that assignment is getting complete and we have to submit new SOW ...so should i try to remove it from the SOW this time. Pls suggest.

AceMan
11-18-2013, 09:06 PM
I am also having same kind of situation and what we have to do for the amount of the contract that we signed (around 5+2 Lacs) before leaving India. Also my employer is asking is there any contract u have sign to your current employer. What should i say to my new employer.

Also suggest, Can i give just 2-3 days notice after getting my H1B transfer or more.


There is also written in one of my SOW (Total period of that assignment in this SOW is 3 months) that customer can not hire the employee for next 1 year. What should i do for that. Although that assignment is getting complete and we have to submit new SOW ...so should i try to remove it from the SOW this time. Pls suggest.

You need to pay the money. You can beg your current employer to let you join the new client. If he doesn't do cry, and try to cajole him again. If still not working, be timid and obey him.

imh1b
11-19-2013, 01:00 PM
You need to pay the money. You can beg your current employer to let you join the new client. If he doesn't do cry, and try to cajole him again. If still not working, be timid and obey him.

Are you crazy? This is why you are being exploited or will be exploited in your life if you are not now.

USA is not your third world country India and there is no jungle law here. Indian laws and contracts do not apply here.

The other employer asking for contract is probably another desi trying to figure out how timid his new employee will be so that he can milk him dry.

smiles
11-19-2013, 02:22 PM
hmm.. I thought AceMan's comment was just sarcasm for something which has been discussed numerous times! :)

AceMan
11-19-2013, 03:41 PM
hmm.. I thought AceMan's comment was just sarcasm for something which has been discussed numerous times! :)

Bingo !!!